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2003 Supreme(P&H) 302

R.C.KATHURIA
Durga – Appellant
Versus
State of U. T. Chandigarh – Respondent


Advocates Appeared:
For the Petitioner:Shri H.S. Sawhney, Sr. Advocate with Ms. Jasleen Sawhney, Advocate.
For the Respondent: Shri R.K. Handa, Standing Counsel.


JUDGMENT

R.C. Kathuria, J. - Durga, petitioner-accused has filed the present criminal revision against the judgment dated 5.1.1990 passed by the Additional Sessions Judge, Chandigarh whereby order dated 15.10.1988 passed by the Additional Chief Judicial Magistrate, Chandigarh convicting the petitioner-accused under Section 16(1)(a)(i) read with Section 7(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and sentencing him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1,000/- or in default of payment of fine to further undergo rigorous imprisonment for a period of two months was upheld.

2. Put shortly, the facts of the case are that on 28.1.1986 at 12.15 p.m., Government Food Inspector O.P. Gautam in the presence of Hari Singh inspected the canteen located on Plot No. 14, Industrial Area, Chandigarh, which was owned by one Dev. Accused Durga, who was employed as a servant of Dev, was found present in the canteen. On inspection, the Food Inspector found him in possession of 15 Kgs. of standard milk in Patila for public sale. After serving notice on him on Form, Ex. PA, 700 mls. of milk was purchased by him f





















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